What is the test for ineffective counsel in a habeas corpus case?

MultiRegion, United States of America

The following excerpt is from Garcia v. Marshall, 108 F.3d 337 (9th Cir. 1997):

"A habeas corpus petitioner is entitled to an evidentiary hearing if he has alleged facts which, if proven, would entitle him to relief and he did not receive a full and fair evidentiary hearing in a state court." Id. A successful claim of ineffective assistance of counsel requires a showing both that counsel's performance was deficient and that this deficient performance prejudiced the defense. See Strickland v. Washington, 466 U.S. 668, 687 (1984). We must determine "whether, in light of all the circumstances, the identified acts or omissions were outside the wide range of professionally competent assistance." Id. at 690.

Other Questions


What is the test for ineffective representation of counsel in a habeas corpus case? (MultiRegion, United States of America)
Is ineffective assistance of counsel de novo ineffective in denying a writ of habeas corpus? (MultiRegion, United States of America)
Is there any case law where a defendant alleges that both counsel at trial and appellate counsel rendered ineffective assistance? (MultiRegion, United States of America)
What is the test for ineffective counsel in a habeas corpus petition? (MultiRegion, United States of America)
What is the test for ineffective counsel in a habeas case? (MultiRegion, United States of America)
What is the test for making a claim for ineffective assistance of counsel in a motion for habeas corpus? (MultiRegion, United States of America)
What is the test for ineffective assistance of counsel claims in a motion for habeas corpus? (MultiRegion, United States of America)
Can ineffective assistance counsel be reviewed in a habeas corpus proceeding? (MultiRegion, United States of America)
Does section 2241 of the Habeas corpus act as a substitute for a motion of habeas corpus? (MultiRegion, United States of America)
What is the test for a federal court to grant a motion for habeas corpus relief for ineffective counsel? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.